Section One A contingency basis is determined by what the result was from the case. This is only paid if the case is settled, and the fee is for a certain amount or a percentage of what was rewarded (Statsky, pg. 605). A flat fee basis is a set amount, and it does not matter how long it took to complete something (Statsky, pg. 604). An hourly basis is determined by the amount of hours a person has worked (Statsky, pg. 603). Section Two The advantages of working as a freelance paralegal are they earn more money by being independent than working for someone, determine their own hours to work, and they get to choose where they get to work. However, there are disadvantages of working as a freelance paralegal. The disadvantages are they have to …show more content…
The paralegal that works for the attorney general of a state can only handle certain tasks and give little assistance when needed (Statsky, pg. 159 & 294). Public defender’s office deals with criminal cases. A paralegal would be responsible in finding earlier briefs that dealt with a case like the one that is presently being handled (Statsky, pg. 41 & 484). Legal aid office deals with civil cases that are noncriminal. The paralegal will help gather data to help with the case and be at the hearings with the client (Statsky, pg. 39-40). County prosecutor’s office deals with criminal cases. The paralegal will log in cases, look over cases, interview people, keep up with the case calendar for the office, be the assistant for the general litigation, and prepare documents for cases (Statsky, pg. 41 & 55). Private family law practice deals with civil cases that are noncriminal. A paralegal will help with documents that deal with adoption, divorce, child custody and prenuptial agreements, child support payments, and annulments. Also, paralegals help in gathering information for case hearings (Statsky, pg. 60 & 290). Section …show more content…
The role that the paralegal plays in maintaining accurate billing statements is keeping track of a new file worksheet for each client; as well as, keeping track of their own timesheets. These will help maintain what should be billable tasks to clients and keeping the billing statements accurate (Statsky, pg. 598-599). Section Five The functions of a successful billing system are collecting and documenting the billable hours and fees, making invoices for the different clients, and keep records of the balances that are not paid (PCD, pg. 288). The three advantages that computerized time-tracking has over manual time-tracking are using computer programs can keep track of billable and unbillable hours that attorneys and paralegals work, using a computer program saves time with inputting and saving data on hard drives, and using software that produces invoices to send to clients (PCD, pg. 270&275 & Statsky, pg. 602). Section
Being a paralegal assistant also has benefits. In today’s volatile job market is often hard to choose a career that has benefits not only today, but also for into the future. The paralegal profession is one that is a gainful career choice. You should pick a job that will give you a lot out of. The two common benefits is salary and education. The annual pay for a paralegal is $51,480 and high profession earnings are $77,000 per year.
Courts generally have held that a paralegal and or legal assistant can achieve the objectives of communication and to provide potential clients with information concerning legal fees and representation if instructed by the supervising attorney. However, a paralegal and or legal assistant cannot provide a potential client with legal advices, accept cases, appear in court, and or provide decision(s) to the case(s). Attorney Grievance Commission of Maryland v. Morgan Joseph Hallmon, 343 Md. 390; 681 A.2d 510; 1996, a District of Columbia attorney employed his wife, Carole Cloud who is a law school graduate and is not admitted to practice law in any jurisdiction. Carole was hired as Office Manager, Coordinator, and Law Clerk of the firm. She performed legal work for a client of the firm, which mostly were reviewed and approved by the supervising attorneys Morgan Joseph Hallmon and Eric Cloud, her husband. Attorney Hallmon had given Ms. Cloud full responsibility of handling the case in which he has been kept aware and up to date with the proceedings and details of the case. The court stated:
Criminal law paralegals provide assistance to defense attorneys and prosecutors. Their duties include drafting documents, doing research, interviewing witnesses, putting together discovery information, communicating with other parties, and assisting attorneys when they are in
A paralegal is an individual who is qualified, through training, education or by virtue of the experience and are subsequently under employment or merely retained under a given lawyer or law firm, or an agency; to perform work that is delegated to him or her by the lawyer and for which the lawyer is responsible. Across the United States, paralegals profession is regulated by various certification laws, and this ultimately makes their work different.
The role a paralegal has in a law firm is a vital. These professionals are highly valued for the abilities they contribute in the area of knowing the law, legal research and how it applies to a client’s case. Furthermore, paralegals also as assist their Attorneys on a variety of tasks pertaining to a law related matters. Regardless, no matter how knowledgeable the paralegal may be; they are always required to work under the direct supervision of an attorney. There are very little exceptions for paralegals to work in the law field, unsupervised. Even in these exceptions, It is still possible for a professional paralegal, under the supervision of an attorney or not, to still commit UPL (California Legislative Information Business and Professions Code).
Legal information can be given by anyone with law knowledge, a simple statement only of what the law states is legal information, that person leaves it up to the individual to decide how they want to proceed with their case. Generally, legal information is given at no cost. When giving legal advice a paralegal may discuss drafting or revising and official legal document with the oversight of a practicing attorney. A paralegal may discuss with clients legal information consisting of a question whether or not a certain act is legal but may not give legal advice based off of the clients responses. If a paralegal is not setting legal fees, undertaking representation, giving legal advice, or representing a client in court, a paralegal may assist an attorney with anything else. When assisting clients a paralegal does have the right to type up forms for clients however they may not aid in helping them fill out the form. When filling out a form the paralegal could accidentally give advice on what to put and giving legal advice as a paralegal is against the
The Florida Paralegal Program was created in 2007, in order to regulate the paralegal profession in the state of the Florida. This program offers them a voluntary registration in this distingue organization, under the compromise to meet certain requirements such as education, certification, or work experience criteria, and also abide by a Code of Ethics and Responsibilities, all these based on the Chapter 20 of the Rules regulating the Florida Bar. Subsequently, these rules establish that a Florida Registered Paralegal is a paralegal who meets the requirements set out in Chapter 20 of the Rules regulating the Florida Bar. These rules designate that a paralegal is a person with education, training or work experience, who works under the direction of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. However, there are certain differences, as well as pros and cons, between paralegals that are not registered under this rule and those who are, specifically on the following main points: work experience, education, and requirements to qualify.
A growing legal profession is the Paralegal profession. Paralegals assist attorneys prepare for their hearings, trials, motions and legal meetings. Yet, their exact duties may differ depending on the size of the firm and the range of law in which the paralegal functions or how that particular office functions. In lesser firms, paralegals duties differ a great deal more. In accumulation to reviewing and documents, paralegals can complete written reports that help Attorneys determine how to best handle their cases. Skilled paralegals are allowed to take on greater roles and responsibilities that may require overseeing group projects or assigning work to other staff or paralegals. Paralegals often work in groups with other paralegals, attorneys
There is a large amount of competition for paralegals in the area serviced by Detlor Paralegal Services. However, the issue of competition can be overcome and is outlined in the “Competition” portion of this business plan. Detlor Paralegal Services will service a large area, which may require much time commuting and constantly going to different courthouses. However, because the area served is large, a larger number of cases will present themselves, and depending on the profitability of those cases, can help to overcome the commuting
Under the Alabama Code- Section 34-3-1 Unlawful Practice of Law states that any individual without having a license to practice law will be guilty of a misdemeanor and fined not exceeding $500,00 or confined for a period not to surpass six months. [1]. The primary purpose of unauthorized practice of law statutes is to shield state residents from unskilled legal representation who are not been trained in the law and who are unable to recognize legal issues pertaining to the client’s situation. In this week’s forum Sally duties as a paralegal range from paperwork consisting of contracts, court motions and writing different legal agreements. There is an extensive list of things that paralegals are not able to do. One of the most important things
To understand what a paralegal does we must first understand what the job of a lawyer entails. Black’s Law Dictionary defines a lawyer as “a person learned in the law; as an attorney,
In stating so, Flynn argues that while some in the legal field think that paralegals are supervised and work under an attorney, therefore do not need to be licensed or certified. Others believe paralegals handle intricate legal matters, therefore should be licensed and certified. This statement from Flynn reinforces my belief that paralegals are essential to the effectiveness of a law firm and leads into my standing that licensing should be in place to ensure education, knowledge and adherence, which in turn will make a paralegal more valuable. Licensing of the paralegal profession and the requirements of experience and education that come with it; would dispel the long time misunderstanding of position titles among law office staff, attorneys and the public.
If the legal assistant or paralegal “floats” or works with different staff within a firm, this could cause a conflict of interest.
Paralegals and Legal Assistants do various tasks to support a lawyer or attorney including organizing files, conducting legal research, and drafting numerous types of documentation in preparation for legal action to take place. Legal actions that take place are court hearings, trials, and corporate meetings.
According to U.S. Bureau of Labor Statistics, employment of paralegals and legal assistants is projected to grow 22 percent between 2006 and 2016, much faster than the average for all occupations (National Association of Legal Assistants, 2008). Private law firms continue to be the single largest employer of paralegals, good job opportunities also exist in several other markets in both the private and public sectors. In addition to private law firms, other organizations in the private sector employ paralegals (American Bar Association, 2011). Some examples include corporate legal departments, insurance companies, estate and trust departments of large banks, hospitals and health care organizations, real estate and title insurance companies, and professional trade associations. Earnings vary considerably depending upon such factors as size of the community, geographical location, and size of the firm, nature of the legal practice, and the paralegal's educational background and work